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TMI Blog1979 (11) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... aneously the house of the respondents had been kept under surveillance when Amarjit Singh respondent, a boy of 13 years, was seen coming out of the house riding a cycle and carrying two bags, from which 1218 wrist watches and 52 straps of foreign make were recovered. It was claimed that the watches were notified articles and their possession constituted an offence punishable under Section 135 (ii) of the Customs Act, 1962. 2.At the trial the prosecution examined as many as six witnesses regarding the issuance of the search warrants, the prosecution of the respondents, recovery of 431 watches and 310 straps from the shop of the respondents, and the recovery of 1218 watches and 52 straps from the possession of Amarjit Singh, respondent, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer to the following statement made in cross-examination by Amar Singh Sarah P.W. 2. Inspector Customs and Central Excise, Ludhiana, at the material time : - "Kartar Singh accused after he was brought to circle office remained in my room till his statement was recorded. Throughout I remained present with him. Accused Kartar Singh was arrested at about 4.00 P.M. on 13-4-1970. Kartar Singh was not allowed to contact anybody from 11.00 A.M. of 12-4-1970 till 4.00 A.M. of 13-4-1970 when he was arrested." 6.The aforementioned statement implies that this respondent was rounded up and taken to the customs office immediately after the recovery of the articles and was not allowed to communicate with anybody till he had made a signed statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion was denied by Amar Singh Sarah P.W. 2 but the suggestion itself discloses the defence plea put forth by the respondents. Amar Singh Sarah P.W. 2 has also admitted that he made no enquiries about the ownership of the shop from the Income-tax and Sales-tax Departments. He also admitted that the respondents were not joined at that time. At one stage, he went on to concede that the watches recovered from the shop did not belong to the respondents. The prosecution claims that these watches were found in the shop without there being any relevant entries, about their presence, in the statutory registers. Those register have not been produced in Court in support of these allegations by the prosecution. If documentary evidence on a point is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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